Compensation

kealb14

On Friday the 7th of March I fell while rollerblading with my youthclub and sustained soft tissue damage to my knee and I am going in the next couple of weeks for an x-ray to determine whether or not I have fractured a bone in my knee. Since I am insured by my youthclub, I was wondering if I am entitled to any form of compensation? Thanks

nuac

who or what do you blame for your fall?

kealb14

To be honest I'm not quite sure whether I just slipped while roller blading or if I was pushed/bumped into. I also am required to attend physio because of the fall

veetwin

Why are you waiting for a few weeks to see if you have fractured a bone in your knee?

Who is to blame for you falling?

Why would you think you are entitled to compensation?

Is it not the youth club's public liability insurance as opposed to your insurance?

kealb14

Well I have to wait a few weeks because I have to wait to recieve a date for my x-ray Im just wondering because Im not sure how this whole insurance stuff works

NUTLEY BOY

If the club is an unincorporated association and you are a member you can sue it but you cannot win.

Nino Brown

Sue Issac Newton while you're at it. Gravity was definitely a contributing factor!

kealb14

So basically nothing can be done?

Pro Hoc Vice

veetwin wrote: »

Why are you waiting for a few weeks to see if you have fractured a bone in your knee?

Who is to blame for you falling?

Why would you think you are entitled to compensation?

Is it not the youth club's public liability insurance as opposed to your insurance?

A fracture needs 2-3 weeks to be diagnosed as a fracture grows in the initial weeks. If a bone is X-rayed in the aftermath of a fracture its can be missed hence why they will X-ray again a few weeks later.

Pro Hoc Vice

kealb14 wrote: »

So basically nothing can be done?

Nobody on here can answer that question with any degree of certainty. There are way to many variables and it requires independent proper advice, from a solicitor who will know the correct questions to ask and can give proper advice based on your answers, I assume you are 14 from your name if so then if any claim is to be taken it must be done through the name of an adult and and compensation will not be released until you are 18.

mikom

kealb14 wrote: »

On Friday the 7th of March I fell while rollerblading with my youthclub and sustained soft tissue damage to my knee and I am going in the next couple of weeks for an x-ray to determine whether or not I have fractured a bone in my knee. Since I am insured by my youthclub, I was wondering if I am entitled to any form of compensation? Thanks

Were you wearing kneepads?

kealb14

No I wasnt wearing kneepads we were not given any

kealb14

infosys wrote: »

Nobody on here can answer that question with any degree of certainty. There are way to many variables and it requires independent proper advice, from a solicitor who will know the correct questions to ask and can give proper advice based on your answers, I assume you are 14 from your name if so then if any claim is to be taken it must be done through the name of an adult and and compensation will not be released until you are 18.

Thanks, yes I am 14 and my parents plan on going to a solicitor sometime in the next week.

Nonoperational

How is it the youth club's fault?

Pro Hoc Vice

kealb14 wrote: »

Thanks, yes I am 14 and my parents plan on going to a solicitor sometime in the next week.

He or she will be able to tell you if there is a claim or not. Hope you get better quickly.

mikom

kealb14 wrote: »

No I wasnt wearing kneepads we weee not given any

Were you rollerblading at a business that is set up for rollerblading (supplying boots etc) versus just rollerblading in the park with a few sets of boots provided by the youth club?

kealb14

mikom wrote: »

Were you rollerblading at a business that is set up for rollerblading (supplying boots etc) versus just rollerblading in the park with a few sets of boots provided by the youth club?

It was an indoor rollerblading business

Pro Hoc Vice

Nonoperational wrote: »

How is it the youth club's fault?

How can yo know it was not. Was their proper training given, was the equipment in good working order, was safety equipment supplied. Was a proper service provider used. Even if not fully liable there may be a certain amount of liability.

kealb14

infosys wrote: »

How can yo know it was not. Was their proper training given, was the equipment in good working order, was safety equipment supplied. Was a proper service provider used. Even if not fully liable there may be a certain amount of liability.

No safety equipment provided and no training given.We were just given the rollerblades and were let go out rollerblading

ford2600

kealb14 wrote: »

Thanks, yes I am 14 and my parents plan on going to a solicitor sometime in the next week.

Breaking bones is part of growing up, just get on with it.

You may or not get money, and your actions may or may not shut youth club; can you put a price on that?

An 14 yr old looking forward to his 18th birthday for a pay day can often make a poor student

Pro Hoc Vice

kealb14 wrote: »

No safety equipment provided and no training given.We were just given the rollerblades and were let go out rollerblading

Hence why you need to speak to a solicitor and not random people on the internet who have no idea on the law in this area is.

Pro Hoc Vice

ford2600 wrote: »

Breaking bones is part of growing up, just get on with it.

You may or not get money, and your actions may or may not shut youth club; can you put a price on that?

An 14 yr old looking forward to his 18th birthday for a pay day can often make a poor student

What if a child is left with a disability because of someone else's negligence. What if its leaving cert year and the child can't do the leaving cert due the proximity to exams. What if said child is gifted in sports or music and now can not pursue the dream. Is it ok if a person through stupidity and negligence ruins that child's life. Should such a youth club be allowed to continue. With out knowing the facts how can you make a value judgement.

What if parents of said child spend thousands in medical treatment should they be out of pocket for something that was not their child's fault.

Can you put a price on negligence? Thankfully yes.

mikom

kealb14 wrote: »

It was an indoor rollerblading business

That did not provide kneepads?
Seems poor form.

kealb14

mikom wrote: »

That did not provide kneepads?

Absoloutely no protective equipment provided whatsoever.We were just given rollerblades

Nonoperational

infosys wrote: »

How can yo know it was not. Was their proper training given, was the equipment in good working order, was safety equipment supplied. Was a proper service provider used. Even if not fully liable there may be a certain amount of liability.

I suppose I just have a different perspective on things to you. I broke an arm rollerblading with a youth club when I was younger and the only think I could think about was getting better so I could go back again. Suing anyone was so far removed form the equation it was not even on our minds.

We were given no training, we were just given the opportunity to take part if we wanted and I respect the people that gave up their time to give us the opportunity to have some fun.
I find it very sad to think that people would even consider suing for something like this. You know full well there is a risk of falling with activities like skating, but the way things are going it is no surprise. God forbid someone would bring their own kneepads. That's not on I suppose.

I hope the knee is ok. I'm sure it will be.

Pro Hoc Vice

Nonoperational wrote: »

I suppose I just have a different perspective on things to you. I broke an arm rollerblading with a youth club when I was younger and the only think I could think about was getting better so I could go back again. Suing anyone was so far removed form the equation it was not even on our minds.

We were given no training, we were just given the opportunity to take part if we wanted and I respect the people that gave up their time to give us the opportunity to have some fun.
I find it very sad to think that people would even consider suing for something like this. You know full well there is a risk of falling with activities like skating, but the way things are going it is no surprise. God forbid someone would bring their own kneepads. That's not on I suppose.

I hope the knee is ok. I'm sure it will be.

In life all people are different, what one person may have a valid claim for another may not. Hence why I would neither judge a person who does sue or a person who does not, that's a judges job.

But can I ask if in your situation your parent happened to be left with serious out of pocket expenses because of the injury would you have had an issue in seeking compensation because if the other persons negligence.

BTW I have no perspective, as I do not know the facts its hard to have a opinion if one has no idea about what went on.

ford2600

infosys wrote: »

What if a child is left with a disability because of someone else's negligence. What if its leaving cert year and the child can't do the leaving cert due the proximity to exams. What if said child is gifted in sports or music and now can not pursue the dream. Is it ok if a person through stupidity and negligence ruins that child's life. Should such a youth club be allowed to continue. With out knowing the facts how can you make a value judgement.

What if parents of said child spend thousands in medical treatment should they be out of pocket for something that was not their child's fault.

Can you put a price on negligence? Thankfully yes.

He's not disabled for life or is op doing his leaving.

Soft tissue damage and maybe a fracture based on his op.

Having spoken to a few solicitors who acted for many youths who took legal actions like this in many cases it had a detrimental effect on their development.

On basis of no training and no ppe he may have a stateable case; my point is his action maybe detrimental to him and youth club in long run.

For record ive had more fractues, lacerations and concussions with various activities than I can count. Getting on with it, where possible is the best medicine imho

NUTLEY BOY

The law on suing a club of which you are a member is very clear and well established .

A possibility would be to sue an individual in their personal capacity if they were negligent. Members can actually sue each other. If the club's liability insurance includes member to member cover the negligent fellow member would be covered against a claim from the OP.

Ultimately it will all turn on the facts.

Pro Hoc Vice

ford2600 wrote: »

He's not disabled for life or is op doing his leaving.

Soft tissue damage and maybe a fracture based on his op.

Having spoken to a few solicitors who acted for many youths who took legal actions like this in many cases it had a detrimental effect on their development.

On basis of no training and no ppe he may have a stateable case; my point is his action maybe detrimental to him and youth club in long run.

For record ive had more fractues, lacerations and concussions with various activities than I can count. Getting on with it, where possible is the best medicine imho

The decision on a claim and its effect on the OP is for the OP and the parents to decide. Again the giving of advice with no idea of the facts of the situation is not a good idea. Any good solicitor will set out the pros and cons of the situation, based on all the facts. I have not seen any negative case in a infant case, I would agree that in many adult cases it would be better not to take a case due to negative impact of such cases, but have no personal experience in infant cases if that issue.

Nonoperational

infosys wrote: »

In life all people are different, what one person may have a valid claim for another may not. Hence why I would neither judge a person who does sue or a person who does not, that's a judges job.

But can I ask if in your situation your parent happened to be left with serious out of pocket expenses because of the injury would you have had an issue in seeking compensation because if the other persons negligence.

BTW I have no perspective, as I do not know the facts its hard to have a opinion if one has no idea about what went on.

Ah ya of course, I'm only commenting on a post on an internet forum which tends to bring out more extreme opinions. The covering of legitimate medical expenses is a different matter if something was genuinely amiss.

No Pants

kealb14 wrote: »

Absoloutely no protective equipment provided whatsoever.We were just given rollerblades

So you immediately handed them back and told them that you couldn't possibly proceed without training and safety equipment. Is that what happened?

lollsangel

Op the youth group should in my opinion cover the cost of your a and e bill, physio etc. However I dont see the point of suing for a payout. I fully expect my kids to have injuries, break, fracture or injury limbs while paying sports, these things happen. I do think it poor form to sue bcos you fell rollerblading!

NUTLEY BOY

infosys wrote: »

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I have not seen any negative case in a infant case,

---

.

I am unclear. What point are you making ?

Pro Hoc Vice

NUTLEY BOY wrote: »

I am unclear. What point are you making ?

I was responding to this comment, "Having spoken to a few solicitors who acted for many youths who took legal actions like this in many cases it had a detrimental effect on their development. "

I have seen litigation having a negative impact on some adults who take a case (a good legal advisor would of course advise on this issue). But I have never seen a child case having the same issues (my own guess is children don't usually fixate on things as some adults can).

Santa Cruz

kealb14 wrote: »

To be honest I'm not quite sure whether I just slipped while roller blading or if I was pushed/bumped into. I also am required to attend physio because of the fall

If you give that answer in court that will be the end of the claim.
If you slipped was it your own fault through inexperience or was there an obstruction on the surface which caused the slip. Would the management have been expected to be reasonably aware of this obstruction? If you were pushed who pushed you? Why should the club be liable? Can the other person be sued?
Perhaps if you are successful the youth club will stop the roller blading all together due to advice from their insurers.

Santa Cruz

kealb14 wrote: »

Absoloutely no protective equipment provided whatsoever.We were just given rollerblades

Were your parents aware of this? You may be able to sue them for negligence or report them to the H.S.E.

kennM

Legal course shouldn't be embarked upon lightly IMO... it can be costly, it will take time, it will be stressful and this situation wouldn't be black and white. From my own perspective I'm going through a case at the moment (not in the legal profession myself).

As you've probably seen success/failure of a case depends on proven liability (blame). Regarding the circumstances of the fall itself, there is no clarity on who caused the fall... whether it was a simple slip or someone knocked you over. At least nothing that can be proven in court from OP. Regarding defective equipment? (presume the skates were fine), lack of protective gear provided/expected to be worn in advance.... there may be an avenue here, regarding no training, again possibly an avenue here but both would have to be argued in court. Any half decent barrister would argue that you were aware that rollerblading is dangerous and you were aware that you may require protection, did you ask for knee paps and were they refused? Did you bring your own?..... not trying to sway either way, just some of the variables that will crop up.

If I were to give my own personal opinion.... (No connection to poster or whatever business/club in question) is to write this one down to experience. If you think costs of xray and physio are expensive, it will be very minor in the context of solicitor/barrister and court costs.

Hope it helps...

vinnie13

compo kings like this ruin everyone elses insurance..scam artists...suck it up and move on

BNMC

Hey guys. I got a paper cut while playing poker in my local poker club recently. Am I entitled to anything?

:rolleyes:

lifeandtimes

in my opinion i do believe it is the responsibility of the roller blade center to provide protective gear to all people using their facility...however in saying that i dont see a child saying"no im not going to blade with my mates without pads" i fully expect children to get hurt in their childhood,its part of growing up,if you were running on the path and fell over and hurt your knee costing your parents thousands in medical fees for years to come would you sue the council?...no and as a judge said in the papers recently"this is just another sign of the compensation culture gone mad"

http://www.independent.ie/irish-news/courts/finger-case-is-compensation-culture-gone-mad-says-judge-29843585.html